Ted Wells, “independent” investigator in name only

Words are neat. Because words can be used however we want to use them, regardless of whether we’re using them in a way that meshes with their actual meaning.

Sure, there’s the whole Eighth (or for some religions Ninth) Commandment thing that restricts creativity when it comes to using words. But when it comes to applying general labels to something, there’s no true or false, right?

For the investigation of the Patriots, the NFL applied the label “independent” to Ted Wells from the initial announcement of his assignment. The initial assignment also said that the investigation would be led jointly by NFL general counsel Jeff Pash and Wells.

That statement never was corrected, even though it apparently should have been. Because Wells disagreed with it. Strongly.

“I immediately telephoned Mr. Pash because I had not been told that we were going to be doing it jointly,” Wells testified at page 262 of the Tom Brady appeal hearing transcript. “And Mr. Pash explained to me that I would be the independent investigator, that he would be there to help facility on procedural-type issues and dealing with the Patriots, but that we were going to run it the same we had run the Dolphins investigation, which was I would be the independent investigator with the team. We would make — ‘we’ meaning Paul, Weiss, would make all of the decisions with respect to the investigation and that it would be my report. . . .”

The absence of a correction created a lingering perception that Pash was involved, even though as to the actual investigation he supposedly wasn’t. Until, as we now know, the time came to review the supposedly independent report generated by Ted Wells.

Wells admits that Pash received drafts of the report, and that Pash provided comments on it. While Wells downplayed Pash’s involvement as “wordsmithing” by a “Harvard-trained lawyer” who apparently couldn’t resist chiming in, Wells doesn’t know what Pash’s comments were.

It’s possible that Wells’ partner, Lorin Reisner, knew what Pash’s comments were. But Reisner at some point transmogrified from Assistant to the Independent Investigator to Lead Counsel for the NFL, because it was Reisner who questioned the witnesses on behalf of the NFL at the Brady hearing.

Let’s think about that one for a second. The Paul, Weiss firm was hired to perform an independent investigation. And one of the lawyers from the Paul, Weiss firm was then asked to serve as the NFL’s advocate. It would be interesting to know whether Paul, Weiss knew when accepting the assignment that it would potentially include representing the NFL in any proceedings arising from the aftermath of the report, because that would create an incentive to ensure that such proceedings would happen.

While the fees generated from Reisner serving as what the lawyers would call “first chair” for the NFL vs. Brady one-day trial wouldn’t be in the $2.5-to-3-million range that the investigation generated, it would provide a great opportunity for Paul, Weiss to expand and deepen its relationship with the NFL.

Of course, we’ll never know whether the Paul, Weiss firm had that extra incentive at the outset of the “independent” investigation because, even though Wells was supposedly independent, the NFL asserted an “attorney-client privilege” regarding communications with Wells during the hearing, which necessarily makes him something other than a truly independent voice.

So no matter how much he tries to say that he was operating in a neutral capacity, common-sense shows that he wasn’t. The NFL paid him. The NFL worked with him, and he worked with the NFL. Jeff Pash, who didn’t testify at the hearing because the arbitrator-commissioner ruled he didn’t have to (yet another benefit of not having a neutral arbitrator), worked with Wells and reviewed his work and provided comments on it before the public saw his work.

The content of the comments don’t matter. The mere fact that Pash had the ability to review the document shows that he had influence over the process. Which means (we’ll go slowly in case Ted is reading this) . . . that . . . Ted . . . Wells . . . was . . . not . . . independent.

The investigation can be called “independent” only in the sense that Ted Wells doesn’t get a direct paycheck from the NFL or (as far as we know) doesn’t have an office at 345 Park Avenue. The assertion of the attorney-client privilege, the review of the report by Pash before it was published, and the use of Lorin Reisner as the barrister of the Brady Balls Ball make it clear that Ted Wells was operating no differently than any other outside lawyer hired by a client to do whatever the client asks him to do, and all that that implies.

But the NFL will still call Ted Wells independent, because that gives his work an inherent sense of credibility, impartiality, and accuracy. Anyone who’s paying attention to the case now knows that Ted Wells is no more independent than Pash or any other person whose paycheck is signed by Roger Goodell.

“The NFL-commissioned Robert Mueller Report is 96 pages long, and let’s face it: Most of you won’t read it. You don’t have the time or necessary caffeine. You will just see the headlines that there is ‘NO EVIDENCE NFL SAW RICE VIDEO’ and hear NFL commissioner Roger Goodell declare victory.

But don’t be fooled, Goodell and the NFL lied to you. It says so right there in the report.”

Mike you have been a beacon of truth and honesty throughout this entire process. I applaud you for everything you have done for, ironically enough, the INTEGRITY OF THE GAME. The NFL needs to be checked, and re-assess itself.

One thing I would change about this website though, is how the first comment just shows up at the top, no matter what. Comments with the most thumbs up should be displayed highest, because they are the most agreed upon and insightful, whereas comments with 300+ thumbs down should just be hidden. It is a great way to actually enhance the comments section of your website by no longer incentivizing butthurt trolls to post the same things on each article.

A man called the “deflator” took the footballs without approval in the restroom, lied about it then stated he used the urinal when there was no urinal.

Meanwhile their were texts talking about big needles, inflating and deflating balls and payments and going to ESPN and a statement to Brady that you couldn’t do it by yourself. The deflator’s job was to deliver the balls to the ref not inflate or deflate them.

Then Tom Brady turns over 2 of his phones, but not the 3rd relevant phone. The Patriots deny a phone call to the deflator for a follow-up question and deny the presence of the equipment boys at the appeal hearing.

So the NFL is incompetent, but the Patriots and Tom Brady are still cheaters. Let’s deflect all the circumstantial evidence to get your boy off.

Doesn’t this point alone break the NFL’s case in appeal? Regardless of everything else that could be argued about the process–which is what Judge Berman will rule upon–this one point by itself violates protocol.

Yet there will still be a percentage who wants nothing more than to vilify Tom Brady exclusively. Amazing that when Labor Laws are arguably broken and dishonesty is rampant across the board that fanboys/haters can’t see past their own nose.

This situation is a cluster from top to bottom. No that does not ‘excuse’ any individual (Tom Brady) but it’s so freaking obvious that those who do trash an individual of the situation (Tom Brady) looks foolish to those who are willing to read and think about what’s actually been said and done.

Nice summation once again, Mike. This was a prosecution from the start. There wasn’t even a grand jury to present the findings to to give an up or down decision to it. Nor was there ever a chance for the accused to face all his accusers, only those chosen by Goodell to be in the room. Ths speaks directly to process, not merits, which is what the court is interested in.

Ted Wells and Paul, Weiss as incompetent as they are (or seem to be in all this), should be furious. They won’t be because they banked the big bucks, and lawyers like Wells simply don’t care about ethics or standards at this phase of their career. However, this puts the Wells’ press conference in context. He knew the whole thing was shady, otherwise why be so defensive?

Great points Florio… Kessler was tearing into that pretty good at the beginning of Wells’ testimony in the hearing.

At first I thought Kessler was just trying to mince words in the beginning of the Wells Report but after a page or two of reading the transcript, you could see what Kessler was clearly attempting to do. He wanted to prove without a doubt that Wells (and the firm) was never independent.

Wells himself kept falling back on client-attorney privilege and the NFL side kept objecting to Wells’ being required to answer many of the questions asked by Kessler.

That was just one of many ways the NFL came off as complete slime in this whole thing. No wonder the NFL wanted this sealed…they were completely out of their depth.

If you are allowed to review a draft and provide comments that will be incorporated into the next draft of final version then you are a contributor to the document. Wells was definitely not an independent investigator. Hard to argue against that one. I would think that the Judge would acknowledge this point. That combined with the fact that NE were never shown the finished product of the report before it was publicized and they were given no opportunity to rebut it’s contents for consideration in Goodell’s initial ruling. That’s not a fair process regardless of what you think the Patriots and Brady did.

BURNT ! NFL what do you have to say in retort to this, people would ask ad nauseam “why did brady not turn over his phone?” Why did Brady destroy his phone? “would you destroy your phone?” ” I wouldn’t destroy my phone”

Asked those questions over and over for days on end, but no one wants to ask the question about why would the NFL do any of the 15 massive gaffs that they have conducted throughout this disaster of a sting

Everyone says Brady man up and take the punishment. NFL MAN UP and admit you contrived this whole thing and never had anything from the onset and for the first time in American sports history, the head office runs a smear campaign out of jealousy against arguably the best QB ever

The tide is turning “bigtime”, the more that we learn, the more we see this was a hastely set up set-up..
I don’t see how the Judge let’s this stuff go. I mean we still live in America..Innocent until proven guilty? Right to a fair trail..
Yes, folks even Patriot Players deserve the assumption of innocense. CBA or not, this case is in federal court now. I guess we’ll find out if the League case was “Independant!”

I don’t think Judge Berman will overlook this vital piece of information. This “investigation” up until now is something you would expect from a communist regime, not an open minded attempt to get to the truth.
I’m just thankful it is in the hands of a neutral party now. And I am also thankful that the true nature of Goodell and the NFL front office is starting to come to light for all to see.

1. When Wells issued the report about the bullying in Miami, he sure came across as independent, saying things no one in the NFL really wanted to hear. And issuing a report that no one questioned. His credibility going into this was pretty sound, independent or not.

2. The question remains: why would the commissioner want to tar and feather the sport’s biggest name player? Why would he want to antagonize one of his biggest supporters among the owners? Assuming the Wells Report is bogus, either there is some mysterious hidden agenda here, or there are levels of incompetence and stupidity at the top of the league that are beyond my capacity for words. Nothing here makes a ton of sense.

Also, Ted Wells looks like the late actor Roger C. Carmel, best known as con artist Harry Mudd on Star Trek. Weird.

I fully believe that Brady had those two guys deflate the balls a little bit to get them the way he liked them.

That said, the more this goes on, the more it all seems like the 31 other owners wanted the Patriots to pay, and this “DeflateGate” situation was just a way for Goodell to get his foot into the door to do damage. It could have been anything, but it happened to be deflated footballs.

Boy can the NFL be this incompetent. What a bunch of bumbling idiots. Once Brady is exonerated I hope he slaps them with a $100 million defamation suit. Perhaps then the owners will relieve the Ginger Hammer of his duties.

Plenty possible there is wrong-doing by the Pats, but in terms of this investigation, there is a simple truth. It was intentionally blown out of proportion from the very start, and given the Patriots past, easy for 99% of fans of the other 31 teams to bank and cling to it. Once they started down the path with the whole “11 out of 12 2 psi under the norm”, going back on that would have looked like the league favoring “Golden Boy Tom Brady” and Goodell’s favorite owner, Robert Kraft.

Goodell and the NFL’s only option was to make things look as bad as humanly possible. There are some clear errors on the part of the Patriots here, but the way the NFL fumbled and bumbled through this, trying to increase the burden of proof far beyond what it REALLY was (meaning, “we don’t have any REAL proof”), they’ve made themselves look completely and totally incompetent. Again.

You can see the flies starting to jump off this excrement of a frame for Brady, but there are plenty of stupid flies still soaking it in.. I listened to talk radio this morning, and callers kept calling in and when they asked why they thought Brady was guilty they almost universally said “cuz he looks guilty”. I for one not only hope that Brady gets no penalties in the end, but that he also sues the NFL for loss of income and slander beyond that.

Brilliant analysis Mike. This is why Judge Berman should overturn Goodell’s decision. The whole process is a sham. Goodell pays the “independent” investigator, edits the “independent” report, asserts that the “independent” investigator is his attorney to prevent disclosure, uses the “independent” investigator’s law firm to cross-examine Brady at the appeal hearing, and pays the “independent” investigator for its work at the appeal hearing. Also, Mike, please address the fact that the NFL’s attorney actually sustained an objection that the NFL’s other attorney made at the hearing to prevent Brady’s attorney’s line of questioning. This whole thing is a joke. Goodell must go!

Do you remember back in late 90’s when the Fox News channel came out it had a tag line of “fair and balanced”. I remember well as somehow I wound up getting a really nice travel coffee mug with that printed on the side so it was burned into my memory. Ted Wells and Roger Goodell as arbitrator have been just about as “fair and balanced” as Fox News is.

Does it really matter what the league calls him or not? Everyone knows what the league hired him to do. Hell, the deflator is called a “locker room attendant”.

Do you really think a firm like Paul, Weiss would sacrifice their reputation to produce a report with a predetermined result that “benefits” the NFL? Despite the fact that they would be releasing this report publicly and it would be scrutinized to death by people like you?

How do NLF players take this league seriously? They have to sign some “integrity-of-the-game” agreement yet the league office pulls this dog and pony show that anyone with an unbiased mind can see is a total sham? The NFL has no integrity. They think integrity = profits.

All the people that suddenly “just want their football back” are going to have to deal with this for a while. Most of them were content to watch the league try to sack Brady, but it failed. Now shut up and take your medicine until he is exonerated.

Brady’s right to see the evidence against him, gathered by the “independent” investigator, was thus denied to him because of attorney-client privilege. That’s about as unfair as you can get with regards to due process. Shouldn’t that fact alone be grounds to toss out this whole witch hunt?

The NFL talking out of both sides of their mouths and making things up as they go along. Wells is independent until Brady requests information. They he is an attorney for the NFL. Brady keep fighting them.

The truth of the matter is that the majority of fans have completely tuned out at this point. They don’t even read these stories anymore. The public opinion die has been cast already. The bottom line is that the vast majority of fans have made up their collective minds and they believe that Brady is a cheater. Period. These articles keeps wanting to talk about the specifics of this one instance. But the public doesn’t care about the specifics of this particular case because they believe this was going on for a long time. The fact is, right wrong or indifferent, that in the eyes of most fans, Brady will forever be tainted as a cheater. Just like Clemons, Bonds, Armstrong, Arod, etc are branded, so now to shall Tom be. The dammage is already done. It’s over.

For a fee of $3 million, you would think the Wells’ firm could find somebody in-house rather than having to go to Pash for “wordsmithing.” Did Pash win the Wordsmithing Prize at Harvard Law, so that he’s the only guy who can provide that service? A skeptic might say that Pash wanted to see an advance copy of the report so that he and Goodell could make sure that the “independent” report said what they wanted it to say. But hey, that’s just me and I’m a skeptic. Maybe Harvard Law is proud to have produced the finest wordsmithing lawyer in the Western Hemisphere.

I have a legit question for those that think the smoking gun in this is “the Deflator”. Sure I admit that it seems a bit unlikely it refers to weight loss, but that in and of itself doesn’t prove anything. I will set up some facts that we know to be true, agreed upon by both the NFL and Wells and the NFLPA, etc.

May of 2014: The “deflator” refers to himself as “deflator” in a text

Oct 2014: The officials in the Patriots/Jets game inflate the footballs to 16 psi.

With those 2 facts in hand. Those that think the Pats are guilty “because of the deflator” use that text as a basis for the Patriots having a long standing procedure of ball deflation. With that being said, if the Patriots routinely deflated their footballs, why didn’t they deflate the balls?

Think about that, and then I would love to hear the responses. I truly mean that. I am not fishing for thumbs up or down. Not looking for some argument. Not even trying to be snide. Just legitimately curious if there are theories to explain that. You are basically saying that the Patriots deflate the footballs as a practice every home game. I will say that again, EVERY home game. Yet, for some strange reason, against the Jets, with footballs inflated to 16 psi, the Patriots and the deflator decided that they just didn’t feel like deflating the footballs that week??? Brady who simply cant play with a ball that isn’t under inflated, decided to play the entire game with balls that were 16 psi. Does that make any sense at all???

I am not arguing that the Patriots are innocent or guilty in this, just pointing out the stupidity of implying that the Patriots have a deflation routine, but for some unexplainable reason abandoned that routine for 1 game.

Why didn’t Wells just decline to participate if he had problems with how the investigation was being conducted? I’m sure the paycheck was pretty good and he chose that over conducting things how he would have preferred. But that is his own fault.

All of these fans who are “bored” and “tired of hearing about it” will care when it happens to their team. As a Saints fan, this feels very familiar. Patriots fans, you should feel lucky that Mike Florio is willing to think for himself and look past the company line.

The cat is out of the bag. Brady cheated, lied to the nation, destroyed evidence, lied to Ted Wells and then lied some more at his appeals hearing. Next up, he’ll be lying to a federal judge. But, the big question is:

When will the Patriots be caught cheating again? How have they been cheating that has yet to be caught? Probably something relating to helmet communications.

I’m a big Patriots Fan and I hate to rain on the parade, but the process was collectively bargained. I don’t believe the judge is required to find it “fair” or independent. This is why with pr turning against the
NFL, it’s time to settle. Brady sits out pre-season games.

I actually feel bad for the goobers who were eating up this horsebleep that the NFL was spoon feeding. It has to be disappointing that the team that is the target of your jealous hatred, doesn’t look so bad anymore. But I understand and realize that if I was not a Pats fan, I would probably hate them too based upon their success. But what those loathsome and cowardly Colts and the gutless, crybaby Ravens have done should be characterized as egregious and should draw the ire and disgust of any self-respecting person from any fan base. Those organizations should hang their collective heads in shame. Chickenbleep, lying-ass rats.

Isn’t it HILARIOUS to watch the Haters scramble find SOMETHING to hang their hat on now?

They were used as gullible pawns by an incompetent guy like Goodell* – that’s gotta be humiliating

Their only comeback chorus? “Brady cheated”

They don’t even bother citing evidence now – because there is none

And apparently these so-called NFL fans aren’t aware that not even Ted Wells said “Brady cheated” – even HE could only say “Brady might have been aware of something that might have happened”

It’s a sad day for the NFL – the Owners are in the spotlight now. They might be happy with how much money Goodell has made for them – but imagine how much money they’d have made if they actually had a COMPETENT Commissioner who doesn’t lie?

(He’s now lied in BountyGate, Ray Rice, and in FrameGate – and the owners are just fine with that)

how is it that mcnally can take 16 game balls into a room and deflate them in 90 seconds,which the nfl says was more than enough time,but at halftime they were unable to check all the colts balls due to time constraints when the nfl had 20 minutes at (halftime)and and double the manpower (2 refs)

Goodell Got To Go. This abuse of power and corruption is inexcusable. They use the NFL resources to go after the Patriots to bring down Brady and the Patriots. Pash withWells, Reisner with the NFL. This is an incestuous investigation not an independent investigation.

Seriously, HOW and I mean H-O-W do 32 billionaires allow this bafoon(aka Goodell) to keep his job and continue to cash in a 44 million dollar salary???????????? It simply amazes me that 32 successful businessmen and supposedly smart men think this idiot is “good for business”. He literally eff’s up every investigation he handles. EVERY ONE. When is the media going to start wondering about what “secrets” Goodell knows about the league that these owners are so afraid to fire him already. I bet they are scared to death of this guy getting fired and spilling the beans on the league. This guy is BAD NEWS.

it is true that the haters have nothing to say other than childish “cheater” remarks. For the sake of a healthy debate and that i am bored, I will try to make a point for them.

So what if the the investigation was not independent? Does the NFL not have the right to internally investigate teams and conduct issues? Where does it say in the CBA that the NFL must hire independent investigators?

If the judge reads all the stories he will laugh and say, this was a witch hunt and Roger should be fired. Giving the union,Tom and the Patriots a change to impose a massive law suit on the NFL and it’s shield that Roger keeps alluding to.

This has been the classic Lance Armstrong-type of defense. If we (Brady, Kraft and the Patriots) yell long enough and loud enough, we’ll drown out the ‘deflator’ text messages that talked about how Brady liked the air pressure changed in the ball; we’ll drown out the fact that none of the Indianapolis balls deflated below normal standards in the same climate conditions; we’ll drown out the crushing of a important phone and SIM card on the day of testimony. All we have to do is yell loud and long enough.

If the Patriots had employed this technique for Spygate, they never would have been found guilty. O.K. Patriots’ fans, time for you to yell again and try to totally obscure every fact that shows this was against the rules.

Ok, so by saying that Ted Wells was doing the bidding of the NFL that means you’d have to believe the NFL wanted a report to come out that implicates their biggest star in a cheating scandal. That makes about as much sense as a guy trying to lose weight calling himself the deflator. Makes for a great headline though.

So I have asked this question before but now is a good time to revisit it. As the subject of an “independent” investigation that, as we all know, was NOT independent, can Tom Brady file any kind of fraud charges against Ted Wells and his law firm? Can Kraft? As one of the 32 isn’t he effectively part of the NFL which paid for an “independent” investigation? If the investigation is not what it alleged it would be what exactly are the ramifications?

I really can’t figure out the motives of the NFL but I certainly can see the strategy and I have my own theory. Whether you believe the Patriots are guilty or not it is clear that the NFL has been on a mission to win in the court of public opinion. It is also clear that almost everything from the NFL is either inaccurate, exaggerated, or not used in the proper context. For example, the initial leak about 11 of 12 footballs being 2 lbs PSI under and a football at 10.1 PSI. Not true and never corrected. The huge story about Brady destroying his cell phone prior to meeting with Goodell was another dagger but not accurate as portrayed BUT very damaging. We now know that Brady stated in advance he would not provide the cell phone but he would provide the a list who and when he communicated via text, email and phone. He was also NOT told that was a HUGE problem.

To me it appears that the NFL acting this way because they DON”T have adequate evidence to prove tampering. One VERY possible reason was there was no tampering. So why is the NFL putting out so much damaging information and actually resorting to a smear campaign instead of not just relying on a truly “independent” findings? Other situations that I have seen this done:
– The other side is your enemy.
– You are in competition with the other side.
– To cover your rear end.

I am convinced that somehow, someway this is not about tampering, it is about saving face and covering the backsides of NFL league executives. To me it is the only thing that could explain the borderline criminal actions of the NFL.

Still waiting for someone to say why the Refs who handle the balls 60+ times a game never noticed anything wrong with it over the years. After the Haters continually say the Pats have been habitually cheating all these years and that is why they win, don’t fumble, blah blah blah.

That Mike Kensil, the vp of football operations was fingered as the guy who gave deliberate false info to Mortensen who was all too eager to report it for the fame has not once refuted this fact is an admission of guilt! That all these bombshell emails that show irrefutable evidence of a sting operation, pretty big NFL news is somehow not big enough to even make the bottom ticker of the NFL network and ESPN let alone the main story is deafening and screaming that they are complicit in this sting! These HUGE NFL stories should be running ad nauseam just like they did went it fit their agenda! I also love how the desperate and panicking haters in the face of incontrovertable evidence of a set up just scream “just admit it Brady and take it like a man”! They are running scared and would love for it to be that easy! You dupes have been used like a condom by the NFL and Goodell! Bwaaaaaahaaaaaa!

The Wells conclusion that the ref remembered using the wrong gauge is FLAT OUT WRONG, and that is the only conclusion he could make that would even remotely make the Patriots look bad.

Why is Wells flat-out wrong, more likely than not?

1) Anderson recalls that almost none of the 24 footballs (game balls and backups) provided by the Patriots before the game required any pressure adjustments. They were thus provided at about 12.5 psi, just where the ball boy Jastremski wanted them to be.

>conclusion: Jastremski’s gauge must read VERY similarly to the gauge that Walt Anderson used in his pregame tests.

2) NFL official Mr. Daniel used ball boy Jastremski’s gauge at halftime to check the pressure on the intercepted ball. He found it to be at 11.51 psi (the average of 3 readings)- page 70, Wells report.

3) Guess what they found for the other 11 balls using the ref’s gauges? THE SAME RESULT, an average of 11.49 psi, with the high reading gauge. The other gauge (which Andersen says that he did not use) gave an average of 11.11 psi.

> conclusions:

-There was nothing special about the intercepted ball. It was normally de-pressurized by weather.

-It was presumably at the same pressure as its brothers, the other 11 balls, before the game, and it was still at the same pressure as its brothers at halftime, but only if the ref’s memory is right about which gauge he used.

-The ref’s memory was right, the Patriots footballs lost 1.01 psi on average, precisely as predicted by the ideal gas law.

At this point whether or not Brady was guilty of deflating balls ever so marginally is pretty much a null and void issue. The conduct of the NFL is reprehensible.

Wells was never independent. Does he have a second rate education at the undergraduate and graduate level that necessitates the leagues “Harvard trained” lawyer wordsmith his report?

A truly independent report would have noted the complete lack of process control with regards to the measurement of footballs by the league officials.

The data upon which the report is relying is irrelevant because there is no starting point from which to understand what levels the balls were measured – the officials never recorded the data. How can anyone conclusively determine an end point when you do not have a starting point to begin with? By assuming that the league officials properly measured the psi of each football and that each football had the exact same psi? There is not an auditor in the world that would accept the results of the testing.

The various leaks by the league have proven to be fabrications or half truths lacking any context. Goodell publicly stated that Brady claimed to have not discussed the deflation issue with the ball attendants but when the transcript is released we find out that no, Brady said he DID discuss the deflation issue.

There is very very little, if anything, that can be believed from the twisted tales of Ted Wells and Roger Goodell.

My prediction: Brady is exonerated and Robert Kraft will be all over the other league owners to dump this guy.

Patriots* fans can’t stand that nobody agrees with them or respects the cheating team like the 70’s Steelers or the 80’s Niners,Or the 90’s Cowboys/Niners, everyone who isn’t A Patriots* fan just shrugs and laughs at their fanatical proclamations of innocence despite all the obvious chinks in their defense. I HATE the current NFL office and Goodell and wish they would get rid of him and I have no reason to hate the Patriots, I don’t root for an AFC East team. It’s simple: the team has a culture of cheating, it’s pathetic, you defend it, I laugh at you, no hate, just not blinded by the Halo you put over Brady* and Belicheck* heads. Have fun with your tainted legacy and knowing no matter how hard you try, everyone else considers your favorite team a bunch of fraudulent cheaters and you can’t change it.

You have been fed many lies from the NFL & well known Jealous ex-NFL Players who are vouching for Goodell. Former Bills QB Kelly is a perfect example.

Another BIG LIE that Goodell sold you was the destruction of the Spy-Gate tapes. You were lead to believe that Goodell did this to PROTECT Kraft & the Patriots. Nothing could be farther from the Truth. Goodell destroyed the tapes that had recorded evidence of other teams violating NFL Rules. When the tapes were reviewed the Owners told Goodell to destroy them so that the Patriots could not use the evidence on those tape against them. Goodell destroyed the tapes and put the SPIN on YOU the General Public – just as he has been doing since taking office.

Florio is right. Wells was out to prove that Brady did it, and that was that.

Wake up, NFL fans. This was all about Goodell trying to wash some of the egg off his face after botching the Ray Rice case — and lying in the process.

Wells was a marionette, and Goodell was pulling the strings.

And to all you high and mighty Brady / Pats haters — I’m a Packers fan. I have no dog in this fight. But something as trivial as this being blown up to try to destroy one of the great QB’s in NFL history’s reputation and smear the championships the Patriots have won, is ludicrous.

I admire what the Patriots have been able to do. They are a dynasty and deserve all the accolades teams such as the Packers of the 60’s, Steelers of the 70’s, Niners of the 80’s, and Cowboys of the 90’s receive.

Goodell’s ego is what needs to be deflated. They should stick a needle in his you know what and let tons of hot air out.

A. I do not, except to say they couldn’t have been that big a deal because I don’t think I heard about them. But, you know, Mr. Pash is a very good Harvard-trained lawyer. If you give a Harvard-trained lawyer a report this thick, he’s going to have some kind of comment. So I assume whatever it was, it was some kind of wordsmithing.

You assume? You assume?? Mr. Wells, you seem to do a lot of assuming. When making assumptions about Tom Brady and the Patriots, you express “serious concerns.” But when making assumptions about NFL personnel, it’s “no big deal.”

Every NFL fan deserves to know the truth. Not this mountain of BS that supposedly proves Brady ordered balls to be deflated. Simply, if there was a mountain of evidence this issue would have long been dead. The strings that tie this to Brady are weak to say the least. If he did it, he deserves the punishment. It’s that simple. The problem is there isn’t enough evidence to prove he did. Generally aware and more probable than not, wouldn’t hold up in any US court and more than likely we’re all about to see that reaffirmed. If you were falsely being accused of a felony you can bet you’d want the same burden of proof to be applied. Regardless of the public perception that surrounds it.

The NFL office is littered with ex-jets who hate the pats and guys like Troy Vincent who are bitter they have zero super bowl rings because they lost to Brady in the big game. So stop it with this nonsense that the NFL office has no agenda or reason to smear Brady and the Pats. Would a MLB office loaded with ex-Red Sox have an agenda against the Yankees? Wake up……..that’s what this is all about. Grown men with bruised ego’s because their team couldn’t beat the Pats on the field.

Florio, your metamorphosis in this case is much appreciated. I agree with what you say but believe it can be said even stronger.

The so-called “independent investigator”, and his law firm, were the NFL’s go to law firm before, during, and after the investigation in virtually all player discipline and CBA related matters. They have been paid hundreds of millions of dollars by the NFL in fees and out of pocket costs.

They were not only advocates of the NFL they defended their own “independent investigation” and the NFL’s decision in this case as well as the penalties assessed. They worked hand in glove with Kensil, Vincent, Gardi, and Pash. They were part and parcel to an investigation that treated Brady as a guilty party from day one, made him the target of leaks that were lies spread with malice and forethought, and that over charged him in an attempt to get him to take a plea.

Vincent didn’t write his initial decision and the penalties against the Patriots and Brady, lawyers did. Goodell did not write his appeal decision, lawyers did. I don’t know which lawyers but I would bet dollars to donuts that the Paul Weiss firm approved all of before its execution and release.

To all you haters who felt that that the Pats like deflated balls is the prime reason for the drop in Fumbles, answer this…..
Aaron Rogers love overinflated balls, stands to reason then the Packers should the league leader in fumbles…… Wrong! The Packers are in the middle of the pack.

Is it safe to assume that the reason the Pats have lost in the Meadowlands is because the balls were always inflated to 16psi? That would explain it….. The jets cheated……

The worst part is that now that the evidence is there for all to see that the NFL is clearly the only one who was up to no good along, most fans have stopped paying attention and have moved on to camp and the like.

All they will remember is the 6 months of leaks and lies and misinformation by the NFL, and they think those lies were truth. Sad. What a joke the league office has become.

When Brady is further exposed for knowing he wanted those balls deflated (there’s more than one deflator) he’ll have to put on his best smile and pull a Roger Clemens, while saying they misremember deflating his footballs for him.

That day, MF will feel like Glenn Close’s character at the end of the movie, “Jagged Edge.”

Great reporting and analysis Florio. Without your investigation we would only have the nefarious NFL version of the truth.

Easy for me to say but I sincerely hope that Brady take this all the way and follows up with a defamation suit. This is absolutely unbelievable, all this over the football PSI in a cold weather game with penalties beyond any reasonable mind could fathom. Especially when one looks at the process of this kangaroo court of public opinion led by incomplete truth and no facts of guilt.

If the position of the NFL stands then all concept of fairness is beyond my comprehension.

For those of you who keep insisting that Brady is a cheater, it’s pretty clear that you never bothered to read through any of the lengthy documents that have been filed, or the texts that have come forth. I’m gathering because you’re either too stupid to read or too stupid to comprehend.

Also, in case you didn’t know it, your team cheats. It’s just a matter of when you get caught. But you will.

So has NFLPA Kessler yet supoened the version of the Wells Report BEFORE Pash steered to NFL’s advantage (until this was found out, that is. Thanks, Milke; the meltdown insane fury from some of the earliest responders (all NFL HQ minions, of course) means that you’re on to something, of course.

So has NFLPA Kessler yet supoened the version of the Wells Report BEFORE Pash steered to NFL’s advantage (until this was found out, that is). Thanks, Mike; the meltdown insane fury from some of the earliest responders (all NFL HQ minions, of course) means that you’re on to something, of course.

I’d love to sit down and have a cup of coffee with Walt Anderson and get his whole take on this fiasco. I’d like to ask why he thinks the NFL chose to “disregard” his best recollection. I’m just sayin…that might apply a little sanity to this overblown witchhunt.

Everything in the Wells Report is straight up truth. Patriots’ fans don’t want to accept it. Too bad for them. Good luck playing with a backup this year.
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So then the Colts cheated also because in the Wells report it shows 3 of 4 balls under inflated below the limit.

Tom, just admit it already…
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At this point video could surface showing Brady gleefully sticking a needle in 12 balls and because the NFL so totally screwed this up the judge would still find in his favor. The NFL has set high standards to match their ineptitude.

Tom Brady was suspected of ordering his equipment guys to deflate footballs after they were approved by the refs. The NFL is suspected of framing Tom Brady after no proof could be found.

Wouldn’t it be great if Tom Brady could hire his own law firm to do an “independent” investigation into the inner workings of the NFL as it relates to the Deflategate case? Does anyone think that Goodell, Wells, Kensil, Vincent, Pash, Harbaugh and Grigson would all voluntarily hand over their cell phones?

Imagine what these men would do if leaks from the Patriot organization about wrongdoing began to be reported in the media as truth. Say ESPN goes on the air with, “We have some news out of the Patriots camp. It appears that Harbaugh sent a text to Grigson telling him to feel Tom Brady’s balls in case they are too soft.” Of course it would just be a hacker posing as an employee for the Patriots, but I can almost picture the blood vessel bursting in Harbaugh’s head as he confronts the media.

I’d love to sit down and have a cup of coffee with Walt Anderson and get his whole take on this fiasco. I’d like to ask why he thinks the NFL chose to “disregard” his best recollection. I’m just sayin…that might apply a little sanity to this overblown witchhunt.
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He lied too when he said that for the first time ever, he couldn’t find the footballs when it was time to go down to the field.

I still don’t understand why the NFL would want to find the Patriots and Brady guilty. That makes no sense. The witch hunt theory seems totally implausible to me.
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I agree, but here is my opinion. I’m not Pats fan or hater, but it now looks like the NFL got a tip, and set out to confirm guilt, rather than investigate.
These are football guys, not scientists. They didn’t even consider other reasons for balls losing psi. The testing was slip-shod, from multiple instruments giving different readings to not testing all the balls for both teams, all the way up to not keeping a written record. It was handled like a random drug test, or even a drug bust, where the goal is to catch a violator. Wells said that he was told the investigation would be run “like the Dolphins investigation.” But in the Dolphins investigation, the league already knew someone was guilty, they just needed to figure out who to blame and what to do about it.

After the “11/12 balls were 2lbs light” thing came out, the Pats were guilty. That info came from an “inside source” of a respected reporter on a NFL partner network. After Spygate, it isn’t hard to see how public opinion had the Pats convicted after that. Maybe that information could be “clarified” over time, but the Pats were guilty.

I think Columbia University laughed at their lack of data, and they had to go to a different type of source (Exponent) because they could not meet the standards necessary to prove their point scientifically. After that, the investigation focused more on the alleged conspiracy, and put together a plausible argument that the Pats deflated the balls. They don’t have any proof, but they have an argument. Because it wasn’t a legal proceeding, they didn’t need actual proof, but now that it IS a legal proceeding, their argument isn’t going to hold up.

I don’t think it was the NFL setting out to “get” the Pats specifically, but they did set out to catch a culprit. That initial approach started them down a path, and they followed it. The execution was horrible, and we have proof of the “garbage-in, garbage-out” principle. Once again, a botched investigation, and once again, we see just how poorly-run the NFL office really is.

You know, you didn’t hear the non-stop whining from Dolphin fans after Bullygate.

Yes, they are different alleged offenses, but it was also due to Dolfans not acting entitled and that they should be “untouchable.”

No other NFL franchise has had as many problems staying within the rules as the patstricks. This isn’t hard to understand.
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Apparently the concept of fairness and truth are hard for some(insert hater here) to understand. It seems that on most occasions the Patriots have been villainized for being within the rules. It’s the jealous hater, usually a victim of continued beatdowns by the Patriots who choose to embellish actual rule violations as a pattern or systemic or whatever word they like. I find it telling that at least on this site the vast majority of haters are Ravens, Colts, Jets and Miami fans sprinkled in with a few hardcore Bills fans. It’s also no coincidence that teams such as the Ravens, Jets and Colts are heavily involved in one way or another in most cases of complaining about the Patriots. Oh there’s the late coming complainers like that drunk McNabb and the sore loser Faulk but again, players from teams who lost to the Patriots. So hater, maybe if your team wins a few games against the Patriots you’ll feel better and lay off the excuses for awhile.

1. When Wells issued the report about the bullying in Miami, he sure came across as independent, saying things no one in the NFL really wanted to hear. And issuing a report that no one questioned. His credibility going into this was pretty sound, independent or not.

2. The question remains: why would the commissioner want to tar and feather the sport’s biggest name player? Why would he want to antagonize one of his biggest supporters among the owners? Assuming the Wells Report is bogus, either there is some mysterious hidden agenda here, or there are levels of incompetence and stupidity at the top of the league that are beyond my capacity for words. Nothing here makes a ton of sense.

Also, Ted Wells looks like the late actor Roger C. Carmel, best known as con artist Harry Mudd on Star Trek. Weird.
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You’re assuming that finding individuals guilty of wrongdoing is bad for the league – it’s not because it gives a scapegoat.

1. The Wells report into bullying found that it could be blamed on a small group of individuals and made no attempt to evaluate whether this was a problem throughout the league. Effectively the findings were “It’s all Richie Incognito’s fault”. So he was suspended and no-one ever looked at the behavior from a wider perspective.

2. Deflategate’s importance has nothing to do with the actual crime committed (which was ball-tampering but is now non-cooperation because reasons). It’s a PR exercise to show how Goodell can totally be trusted despite Ray Rice. What better way to show he is still “The Enforcer” than to throw the book at one of the big name teams/players.

People underestimate Don Yee and the NFLPA at their peril. Think about this. They (a) slyly set up Goodell with their neutral arbitrator whining, all but guaranteeing that the emperor would flex his muscles (b) by making their intent to appeal known (wink wink Minnesota) they got Goodell to make the aggressive move to file in NY. So how did all that turn out for ya Roger? Pretty good if you buy into theories of universal balance. Gotta say, ya have to really wonder what value Roger got for all those $millions of lawyer money. Ridiculed and embattled (but like a small dog nipping at your leg) Don Yee has exhibited more sense from day one. Crazy like a fox.

“The question remains: why would the commissioner want to tar and feather the sport’s biggest name player?”

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Brady wasn’t their initial target.

They (meaning Mike Kensil, really) were aiming to get Bill Belichick. Then Belichick was ultra-convincing in the famous Mona Lisa Vito press conference, and all that was left for them to possibly frame up was Tom Brady.

“Well, if we can’t get our target, let’s at least make him lose some games”

This is no longer about Brady’s innocence or guilt. That’ll likely be a debate for eternity. The Judge is determining whether Brady can be suspended 4 games for being “generally aware” of another person’s (alleged) wrongdoing. If he can, then any QB who benefits from an o-lineman taking PED’s must be suspended if he is “generally aware” of the activity. Insane. Agree to a small fine and let’s play football.

billybarrule says:
Aug 6, 2015 10:12 AM
All this is folly. Can we just get the ball boys’ texts and phone log? Even if they show something -Brady knew/Patriots knew balls were improperly inflated/deflated- then a fine is appropriate.

Goodell, sponsored by the Ravens Biscotti and Colts Irsay, were after #1 Brady & #1a Bellichick.

They knew if they could not get them both then definitely get Brady. Without Brady, as proven in 2008 Regular Season, BB will win games but not enough to get through the Playoffs or not even make it there.

They also wanted to further embarrass Kraft and the 1st Round Pick to prevent Kraft from continuing to build the team.

I am NOT a lawyer, but as I understand it part of standard does rely on the arbitrary and capriscousness of punishment. While I know the focus will be on the procedure, I suspect the judge will need to have basic understanding of merits of case and will likely comment on it because I think it is relevant to overall assessing NFL’s actions in this matter.

Curious what an attorney would have to say about this. I have heard different things from different attorneys.

When Brady is further exposed for knowing he wanted those balls deflated (there’s more than one deflator) he’ll have to put on his best smile and pull a Roger Clemens, while saying they misremember deflating his footballs for him

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Do you remember what you exactly said on a phone call to somebody you worked with that was made 6-8 weeks ago? I’d be suspicious if he had remembered every detail of every call.

Haters you can keep pointing to the circumstantial evidence but there can’t be circumstantial evidence to prove a crime when there was no crime. Factual evidence points to balls not having had air let out of them. If the balls did not have air let out of them then whatever crap you want to regurgitate from a text message is meaningless.

Explain how the PSI of the intercepted ball was measured three times by the league and every time it measured within the range Well’s own experts said it should have from the weather. If it had air let out of it by the “deflater” it would have had about .75 less PSI when it was measured.

Case Closed and any other result is a sham, period! If you want to fine $50,00o (the precedent) for not turning over his phone for an investigation that never should have happened have at it.

Goodell, sponsored by the Ravens Biscotti and Colts Irsay, were after #1 Brady & #1a Bellichick.

They knew if they could not get them both then definitely get Brady. Without Brady, as proven in 2008 Regular Season, BB will win games but not enough to get through the Playoffs or not even make it there.
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They went 11-5 that season, and 10-6 usually gets you in the playoffs. I don’t recall the records of the other teams, but they definitely won enough games to get to the playoffs, in any normal season.

I would like to see a lawyer comment on whether Brady can file a defamation suit against the NFL. He clearly has been damaged severely by the NFL’s negligence. Maybe the collective bargaining agreement protects them from the sham investigation and ruling but it should not protect them the false leaks and the failure to correct them which are the main irreversible hits to Brady’s reputation and legacy. I would like to see him sue the NFL for 100M and then donate all the proceeds to the retired players, head injuries and safety research etc.

What a complete circus and waste of money on the investigation. This should have quickly been put to bed with a $200,000 fine and strict procedures put into place to prevent any questions about football pressure ever arising again. Because it was handled the way it was, Roger ‘$44 million a year clown’ Goodell has created exactly what he wanted to prevent in the first place, damaging the integrity of the NFL.

Every NFL player should be scared now in seeing how a star in the league can be railroaded. John Doe on the practice squad has zero chance of defending his innocence in light of this cluster. Goodell *must* be stripped of his discipline responsibilities!

Goodell is also obviously not a lawyer and couldn’t play one on TV, but is just as slimy. He could also use some remedial math and science classes.

mmack66 says:
Aug 6, 2015 3:12 PM
They went 11-5 that season, and 10-6 usually gets you in the playoffs. I don’t recall the records of the other teams, but they definitely won enough games to get to the playoffs, in any normal season
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Maybe you did not read my ending paragraph – reposted below for you.

They knew if they could not get them both then definitely get Brady. Without Brady, as proven in 2008 Regular Season, BB will win games but not enough to get through the Playoffs or not even make it there

They went 11-5 that season, and 10-6 usually gets you in the playoffs. I don’t recall the records of the other teams, but they definitely won enough games to get to the playoffs, in any normal season.
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There were two 11-5 teams in the playoffs that year. 11-5 MIA beat NE on division record tiebreak for the division and 11-5 BAL beat NE on AFC tiebreak for the six seed.

People need to know about the background there. Kensil was an executive for the Jets back when Belichick was hired as their head coach. And then one day later, Belichick backed out and left for New England. The Jets were humiliated. And then Belichick won multiple Super Bowls. And then his assistant coach, Eric Mangini, was hired by the Jets to run things there.

And then Mangini fired Kensil. Mike Kensil, whose father had been the President of the Jets. Summarily fired by a Belichick protege’. (This was before Mangini became the most hated man in New England for ratting out Belichick in 2007.)

Kensil is incapable of being unbiased when it comes to Belichick and the Patriots. Jan 18 was a triumph for him – he finally had the evidence the Pats were cheating again! And then it came apart when somebody told him about the Ideal Gas Law. So he put out a lie via Mortensen and fired up the Railroad Express.

Who cares is Ted Wells is independent or even if a direct NFL employee conducted the investigation? This in no way means that the investigation was a sham. The NFL serves ALL 32 teams, including, but not limited to the Patriots. Their job and the Commissioner’s job is to protect the NFL business.

What motive does Goodell, the NFL or Ted Wells have to smear Tom Brady and the Patriots if they are innocent? None! Does this bring more revenue to the NFL? No! Does it boost the NFL’s image to manufacture a report that proves one of their teams was caught cheating? No! If the NFL was willing to take a stand against one of the most popular franchises and players in NFL history, then there must have been a very strong reason to believe that they were cheating.

With this said, who is ready to see the NFL get out of the courtroom and get on the field for some FOOTBALL?

@imodan: Well said. As a Dolphins fan, please know not all of us are jealous haters. I want your team to lose and all, but I am able to form rational, coherent thoughts, and can easily see how this was a witch-hunt from the get-go. Goodell has to go.